HomeMy WebLinkAbout2007-071 Council Resolution•
Council Member Reinert introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 07-71
RESOLUTION APPROVING UTILITY RELOCATION AGREEMENT
QWEST COMMUNICATIONS
LAKE DRIVE/I -35W INTERCHANGE RECONSTRUCTION
S.P. 0280 -55 (T. H. 35W =394)
WHEREAS, the City plans to let a contract to construct State Project Number 0280 -55,
State Aid Project No. 02- 623 -13, State Aid Project No. 210 - 020 -04 (Project), on Federal Aid
Interstate Highway Number 35W =394, which is part of the National System of Interstate
Highways.. The Project is located in Lino Lakes, Minnesota at 35W and CSAH 23 (Lake
Drive; and
WHEREAS, Qwest Communications owns and operates, its fixtures, and related equipment
(Facilities) within the limits of publicly owned right of way. The Facilities are within the limits
of the Project; and.
• WHEREAS, the Utility Owner must relocate the Facilities that are within the Project limits.
The Utility Owner has requested reimbursement for the cost of this reimbursement from the
City; and
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WHEREAS, Minnesota Statutes, section 161.20 authorizes the Commissioner of
Transportation to make arrangements with and cooperate with any governmental
authority for the purposes of constructing, maintaining and improving the trunk highway
system; and
WHEREAS, under Minnesota Statutes, section 161.46, the State may reimburse the
Utility Owner for the cost of relocating its Facilities; and
WHEREAS, the State of Minnesota and the City of Lino Lakes have entered into an
agreement for the construction of such improvements and the City is responsible for
providing said reimbursement; and
WHEREAS, the Code of Federal Regulations, title 23, part 645, subpart A, and as amended
requires a written agreement that specifies the work the Utility Owner will perform for
reimbursement. This Agreement is subject to all state, federal, and other applicable laws
and regulations.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. that the City Council hereby approves the Utility Relocation Agreement with
Qwest Communications for the Reconstruction of the Interchange of County
State Aid Highway 23 (Lake Drive) and I -35W and authorize the Mayor and City
Clerk to execute said agreement on be f the City.
John
so , Mayor
Adopted by the Lino Lakes City Council this 14th day of May, 2007.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Stoltz and upon vote being taken thereon, the following voted in favor
thereof:
Reinert, Stoltz, O'Donnell, Carlson, Bergeson
The following voted against same:
none
• Whereupon said resolution was declared duly passed and adopted.
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STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
AGENDA ITEM 6Bii & 6Biii
Michael Grochala
May 14, 2007
ii. Consideration of Resolution No. 07 -71
Approving Utility Relocation Agreement with
Qwest Communications, Lake Drive /I35W
Interchange
iii. Consideration of Resolution No. 07 -71
Approving Utility Relocation Agreement with
Qwest Communications, Lake Drive /I35W
Interchange
ACTION REQUIRED: Simple Majority
BACKGROUND
As part of the Lake Drive /35W Improvement Project private utilities will need to be
relocated to facilitate the roadway improvements. Both Qwest Communication and Xcel
Energy have existing utilities Tying within the Interstate 35W right -of -way that will be
relocated for the bridge construction.
Pursuant to Minnesota Statute 161.46 utilities are entitled to reimbursement for
relocation expenses for utilities within the interstate right -of -way. The City has prepared
relocation agreements for both utilities in accordance with state requirements.
The relocation costs for Qwest and Xcel are $89,718.12 and $38,169.00 respectively.
These costs are included within the project budget.
RECOMMENDATION
Staff is recommending approval of Resolutions No. 07 -70 and 07 -71.
ATTACHMENTS
1. Resolution No. 07 -70
2. Qwest Relocation Agreement
3. Resolution No. 07 -71
4. Xcel Relocation Agreement
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